20 F. Cas. 193 | D. Mass. | 1852
I have . not thought it necessary to look at this case as an ordinary transaction, between merchant and merchant, which is the aspect in which the learned counsel for the respondent has presented it. It is a claim by a seaman, for compensation for marine service, in the nature of wages, and the admiralty deals with contracts respecting such service or compensation, differently from the manner in which a court of common law can treat ordinary transactions.
Seamen have been called the wards of the admiralty, and it habitually exercises a degree of guardianship over them, for their protection. It scrutinizes all contracts respecting their services or wages, in order to see that' advantage has not been taken of their necessities, ignorance, or thoughtless improvidence. Thus, where contracts have been made, by which seamen have agreed not to receive any wages, unless the ship should safely return to her home port, although freight should be earned on the out■ward voyage, courts of admiralty have set them aside. This was the case in Johnson v. Sims [Case No. 7,413] and The Juliana, 2 Dod. 504, where the agreement was inserted in the shipping articles; and in Buck v. Rawlinson, 1 Brown, Pari. Cas. 137, where the contract was by a separate bond, given to the master. So an engagement by a seaman, that the expenses of curing, in case of sickness, should be deducted from his wages, has been set aside.
Receipts or releases given by seamen, even with all the solemnity of sealed Instruments, will have no effect beyond the actual consideration fairly paid. This is shown by many cases, and particularly in The David Pratt [Case No. 3,597]. Judge Story, in Brown v. Lull [Id. 2,018]. has examined such contracts with seamen, and declared that they cannot be sustained, unless it shall appear that they were fully explained and understood by the seamen, and a fair and adequate consideration received for every right renounced, or obligation assumed. He holds the following language: “Seamen are a class of persons remarkable for their rashness, thoughtlessness and improvidence. They are generally necessitous, ignorant of the nature and extent of their own rights and privileges, and for the most part incapable of duly appreciating their value.” See, also, Piehl v. Balchen [Id. 11,137]; The Sarah Jane [Id. 12,348]; The Cadmus v. Matthews [Id. 2,282].
And again he says: “Courts of admiralty on this account are accustomed to consider seamen as peculiarly entitled to their protection ; so that they have been, by a somewhat bold figure, often said to be favorites of courts of admiralty. In a just sense they are so, so far as the maintenance of their rights, and the protection of their interests, against the effects of the superior skill and shrewdness of masters and owners of ships, are concerned. Courts of admiralty are not, by their constitution and jurisdiction, confined to the mere dry and positive rules of the common law. But they act upon the enlarged and libera] jurisprudence of courts of equity.” And he subsequently declares, that whenever a new stipulation is found in the shipping articles, derogating from the general rights and privileges of seamen, courts of admiralty hold it void, unless two things concur, “first, that the nature and operation of the clause is fully and fairly explained to the seamen; and, secondly, that an additional compensation is allowed, entirely adequate to the new restrictions and risks imposed upon them thereby.” Nor is this doctrine confined to dealing between seamen and the owners or masters, but extends to contracts with other persons respecting their compensation or wages; as, for example, sales of shares or prize-money, which Judge Story, in the same case, adverts to in the following language: “I know not, indeed, that this doctrine has ever been broken in upon in courts of admiralty, or in courts of equity. The lat
Let us now advert to the facts of the present case. The libellant, Dray, served on board the whale-ship Rajah. from the 23d November, 1S4S, to 10th .Tune. 1831, at the lay of 1/140, and the balance due to him at the termination of his voyage amounted to .$1-54.73, which he now claims. The owner objects to paying that amount, or any part thereof, on the ground that the libellant has transferred his whole claim to Mead & Co., by means of the order which has been presented and accepted.
The order ran.as follows:—
“New Bedford. 6 Mo.. 10th, 1851.
“For value received, pay to Mead & Co., or their order, the net proceeds of my voyage, (including slush,.) and their receipt shall be mine in full. James Dray.
“To the agent and owners of the Bark Rajah. . (Entered.)
“Accepted. ('! Mo. 12th, 1851.
“Witness: Geo. P. Drew.”